- I r

b..E

- _v£0REM Inte nalNoF ubcUNITED STATES

NUCLEAR REGULATORY COMMISSIONWASHINGTON, D.C. 20555-0001

41v--8

r i-i , - , ,, ? ! z.r o

February 25, 2004 G[t FEB 26 h(ll 10: 56

NOTE TO COMMISSIONER ASSISTANTS

OCM/ND OCM/EM OCM/JM

X Maria Lopez-OtinX' Rick Croteau

Roger DavisX Gary Holahan

Chris JacksonKeith McConnellPat CastlemanNancy Fragoyannis

_ Robert McOsker_ Clare Kasputys_ Vicki Bolling

Linda Herr= Kia Jackson

X Jeffry SharkeyKathryn Winsberg

X James BeallX Heather Astwood_ Linda Lewis_ Antoinette Waller

Margie DoaneX John Thoma= Spiros Droggitis

X Jake Zimmerman_ Lorna Kipfer- Tojuana Fortune_ Pat Celenza

FROM: William NAssistant

M. DeanI for Operati s, OED

SUBJECT: UPDATE BRIEFING ON FIRE PROTECTION

This note forwards meeting handouts for the staff's February 19, 2004 update briefing ofChairman Diaz, concerning activities related to fire protection. Due to the volume of handouts,only one copy is being provided to each Commission office. The presentation materials can befound in ADAMS at the following Accession Numbers:

ML033560248: R. Croteau Email dated 12/12/03 requesting Fire Protection Briefing forChairman Diaz

ML040500854: Fire Protection Update Presentation Slides

ML040500862: NFPA 805 Rulemaking

ML040500865: Presentation slides providing update on current Fire Protection RegulatoryIssues

ML050500866: NRR Fire Protection Communication Plan

Attachments: As stated

cc: W. Travers, EDOC. Paperiello, DEDMRSW. Kane, DEDHP. Norry, DEDMS. Collins, DEDRW. Dean, AOT. Bergman, OEDOM. Markley, OEDOJ. Jolicoeur, OEDOJ. Dyer, NRR

SECYOGCOCAOPAOPCIOCFOEDO R!FSFiveash, NRR

JQ

-Ser lieH eGsure

0OBJ ECTIVE

Respond to the Chairman's request to provide anupdate on fire protection.

Per request, the subjects addressed are rulemaking,ROP, guidance/consistency for inspections, reducingregulatory uncertainty, and any other current issues.

1

Summary

* Root cause/s of unique challenges in FireProtection

* Overall Strategy* NFPA 805 Rulemaking* Associated Circuits* Operator Manual Actions Rulemaking* Other Initiatives* Communication Tools

2

Root Cause/s of UniqueChallenges in Fire Protection

Licensing basis of each plant is differentbecause:

Fire hazards analyses and plantconfigurations are different for each plant

-- Rules made after most plants wereconstructedRules left room for interpretationsMajor issues emerged (Thermolag).

3

Overall StrategyAcknowledge historical facts and the associatedinheritance in licensing bases

Risk-inform solutions (safety focus withoutunnecessary burden, and improved efficiencyand effectiveness)

Achieve Compliance (change rules, etc., toempower risk-informing and achieve publicconfidence)

4

NFPA 805 RulemakingProvides a voluntary means for licensees to re-definepoorly defined fire protection licensing bases with welldefined criteria

* ACRS endorsed final rule (December 2003)* Submit SECY for Final Rule to EDO (March 2004)* Issue Final Rule (forecasted for June 2004)* Licensees may not adopt revised rule because of the

cost and resources required to make transitions and lackof understanding of benefits - provide incentives,educate licensees about benefits

* Identify and overcome challenges in inspection of aperformance-based risk-informed ruleEnhance fire models and fire PSA methodologies.

5

PA

Associated Circuits

e Provide specific guidance and criteria forlicensees and inspectors to resolve long-standing disagreements in associated circuits

e Issued draft RIS (August 2003)* Issued draft NUREG (January 2004)* Issue final RIS (forecasted for February 2004)* Issue SECY to Commission requesting direction

on enforcement options (May 2004)* Ensure safety, staff/industry agreement on rule

interpretation.

6

'-4

Industry Proposal and StaffCounter Proposal

* Industry makes proposal (NEI-00-01)* Significant limitations (overlooks high hot-short

probabilities in proposed changes todeterministic approach, risk screening tool non-conservative)

* Staff counter proposal relies on risk-informing* Staff is considering a resumption of associated

circuit inspections 6 months after issuing the RIS* A panel will be set up to review URI's related to

associated circuit issues

7

r !lI

Operator Manual ActionsRulemaking

e Will allow licensees relying on unapproved operator manual actionsto achieve compliance under the acceptance criteria of the revisedrule without prior NRC approval

* Commission approved rulemaking plan (September 2003)* Published interim criteria for enforcement discretion (November

2003)* Submit draft interim criteria for enforcement discretion to

Commission (May 2004)* Submit final interim criteria for enforcement discretion (July 2004)* Submit Proposed Rule to Commission (forecasted for September

2004)* Regulatory uncertainty due to Backfit Rule implications* Potential regulatory uncertainty among inspectors and licensees due

to limiting rule to III.G.2.* Stakeholder comments on the requirement for detection/suppression

in the area of fire

8

.4

Other In itiatives

* Improvement of Fire ProtectionSignificance Determination Process.

* Formation of multi-office steering group forFire Protection

* Encourage Licensees to adopt the Risk-Informed Methodologies

* Quantitative Fire Hazards Evaluation. tool.

9

Some Communication Tools* Fire Protection Communication Plan, Status Report, and

Improvement Plan* Meeting with the ACRS Subcommittee on Fire Protection

(about 2 times/year)* Monthly call with regional inspectors* Counterpart meetings with inspectors (2 times/year).* Periodic meetings with NEI (2-3 times per year)* Annual NEI Fire Protection Information Forum* Annual Regulatory Information Conference* Fire protection issues management public meetings held

with industry* Periodic meetings with Licensees

10

NFPA 805 RULEMAKING

BRINGING STABILITY

* Provides a voluntary means for licensees to re-define poorly defined fire protection licensingbases with well defined criteria

* Enables licensees to manage their fire protection programs, including changes, withminimal regulatory intervention

CLOSURE ACTIVITIES

* Revise 10 CFR 50.48 to allow adoption of NFPA 805 performance-based approach to fireprotection system design and licensing

* Work with NEI to produce industry Implementation guide (NEI 04-01)

* Issue regulatory guide to provide licensees with additional guidance

v Update inspection procedures and provide training to inspectors on the implementation ofthe new rule

PATH TO CLOSURE

Completed Activities

* Proposed rule published for public comment (November 2002)

* ACRS endorsed final rule (December 2003)

* Staff provided comments on draft NEI 04-01 (January 2004)

To-Go Activities

* Submit revised enforcement policy to EDO (March 2004)

* Provide comments on NEI implementation guide, Rev. E (May 2004)

* Submit SECY for final rule to EDO (March 2004)

* Issue final rule (June 2004)

* Issue draft Regulatory Guide (June 2004)

* Issue staff license amendment review guidance (December 2004)

* Issue final Regulatory Guide (December 2004)

* Prepare inspection procedures and training materials; conduct workshops to train inspectorsto perform inspections and audits (June 2005)

CHALLENGES -. RESPONSES

* Licensees may not adopt revised rule because of the cost and resources required to maketransitions -. Multi-office effort to develop incentives (e.g., enforcement discretion within theROP during transition to revised rule)

* Inspection of a performance-based risk-informed rule needs development; inspectorsunfamiliar with application -. Provide inspection procedures and training of inspectors to theextent needed to ensure proper inspections and audits

* Unapproved fire models and fire PSA methodologies -4 RES is verifying and validating firemodels and developing PSA methodologies

OPERATOR MANUAL ACTIONS RULEMAKING

BRINGING STABILITY

* Will allow licensees currently relying on unapproved operator manual actions to achievecompliance under the acceptance criteria of the revised rule without prior NRC approval

* Will provide reasonable assurance that post-fire operator manual actions will be uniformlyevaluated by licensee and inspectors

CLOSURE ACTIVITIES

* Revise 10 CFR 50, Appendix R, Section lIl.G to allow operator manual actions as analternative to the fire barrier and separation requirements of Section III.G.2

* Provide operator manual actions criteria for Inspection and enforcement discretion pendingcompletion of rulemaking

PATH TO CLOSURE

Completed Activities

* Commission approved rulemaking plan (September 2003)

* Published interim criteria for enforcement discretion for public comment (November 2003)

To-Go Activities

* Submit draft interim criteria for enforcement discretion to EDO (May 2004)

* Issue final interim criteria for enforcement discretion to EDO (July 2004)

* Submit Proposed Rule to Commission (September 2004)

CHALLENGES -4 RESPONSES

* Heightened stakeholder concerns for safety -4 Develop and communicate key messages

* Regulatory uncertainty due to Backfit Rule implications associated with previously approvedmanual actions that use less stringent acceptance criteria -. Develop commonunderstanding among program office/inspectors/licensee about backfit rule implications byproviding training and public workshops. (Note that even approved manual actions aresubject to ROP for risk-significant safety related findings.)

* Potential regulatory uncertainty among inspectors and licensees due to limiting rule toIII.G.2 -* Consider expanding rule to all of III.G

4

ASSOCIATED CIRCUITS INSPECTION

BRINGING STABILITY

* Will provide specific guidance and criteria for licensees and inspectors to resolve long-standing disagreements on the interpretation of regulatory requirements for preventing post-fire spurious actuations that could impact safe shutdown

CLOSURE ACTIVITIES

* Issue a Regulatory Issues Summary (RIS) that provides specific guidance for risk-informinginspections of associated circuit failure issues

* Issue a NUREG to establish the current knowledge base on post-fire safe shutdownanalysis to enhance the risk-informing process

* Continue training of inspectors in the application of the new guidelines

* Develop means to ensure appropriate enforcement of guidance

PATH TO CLOSURE

Completed Activities

* Issued draft RIS (August 2003)

* Issued draft NUREG-1778 (January 2004)

To-Go Activities

* Issue final RIS for use (February 2004)

* Draft revised inspection procedures for Regions' review (February 2004)

* Issue revised inspection procedures (March 2004)

* Conduct inspector training sessions (April 2004)

* Conduct public meeting (May 2004)

* Issue SECY to Commission requesting direction on enforcement options (May 2004)

* Issue final NUREG-1778 (June 2004)

* Issue additional regulations and guidance, as required for enforcement, and guidance forenforcement discretion (September 2004)

* Withdraw associated circuit analysis inspection moratorium memo (September 2004)

CHALLENGE - RESPONSE

* While risk-informed approach would ensure safety, staff/industry differences on ruleinterpretation and licensing basis would continue absent further regulatory action -4 Staffpreparing option paper for Commission consideration:

- Delineates several options for path forward, with and without rulemaking process

- Requests Commission's concurrence on recommended path

COMMUNICATION TOOLS

* Meeting with regional inspectors (2 times per year)

* Phone conference with regional inspectors on emerging issues (monthly)

* Meeting with the ACRS Subcommittee on Fire Protection (about 2 timeslyear)

* Periodic meetings with NEI (2-3 times per year)

* Annual NEI Fire Protection Information Forum

* Annual Regulatory Information Conference

* Fire protection issues management public meetings held with Industry

* Fire Protection Improvement Plan (public document)

* Fire Protection Communication Plan (provided as handout)

* Fire Protection Status Report

* Participation of public interest groups in initiatives, where appropriate

* Briefings for the Office of Public Affairs for major initiatives that impact external stakeholders

* NRC press releases, when appropriate

* Updates for NRC contractors on developments that could impact their work

* Briefings and presentations to GAO, OIG and ACRS

* DSSANSPLB Communication Team

* Fire protection public access website

OTHER INITIATIVES

IMPROVEMENT OF FIRE PROTECTION SIGNIFICANCE DETERMINATION PROCESS

* Current process is complex and time-consuming to use

* Updating to simplify the process without reducing safety

* Screens out very low risk findings that do not warrant further NRC involvement

* Facilitates discussions of the bases for significance determinations

* Will solicitfeedback from inspectors, regional managers, licensees and the publicon the qualityof the revised process

* Plan to issue revised SDP for implementation by May 2004

* Will provide training sessions for inspectors in March to May 2004

FORMATION OF MULTI-OFFICE STEERING GROUP FOR FIRE PROTECTION

* Will provide agency-wide coordination to facilitate the resolution of fire protection issues, bothtechnical and policy related

* Will assist in establishing a consistent approach, both internal and external, based onmanagement buy-in from all appropriate offices

* Will provide a broader base of ideas for arriving at solutions to outstanding issues

* Leadership Team endorsed the proposal

ENCOURAGE LICENSEES TO ADOPT THE RISK-INFORMED METHODOLOGIES

* Recognize and reward licensees that take a proactive approach to closing outstanding fireprotection issues using risk-informed approaches

* Progress Energy initiated a program to risk-inform circuit analyses and Duke Energy hasindicated they will adopt NFPA 805 under the new rule

* Proactive approach of Progress and Duke may encourage other licensees to adopt the newand improved methodologies

* Staff has been encouraging licensees to apply Reg Guide 1.174 methodologies to licenseamendment applications and exemption requests

* First exemption request using NFPA 805 process and RG 1.174 is currently in review by thestaff

QUANTITATIVE FIRE HAZARDS EVALUATION TOOL

* NUREG 1805 provides fire inspectors with a simplified risk-informed methodology to assesspotential fire hazards

* Assists in determining if a fire scenario can cause critical damage to safe shutdowncomponents

* Evaluations performed using Microsoft Excel spreadsheet format for ease of application andconsistent results

OBJ ECTIVE

Provide an update to the Chairman on currentFire Protection regulatory issues, includingrulemaking, Reactor Oversight Process,guidance/consistency for inspections, andreducing regulatory uncertainty

1

* . w

Issues to be Addressed

* Unique Challenges of Nuclear Plant FireProtection Programs

* NFPA 805 Rulemaking* Operator Manual Actions Rulemaking* Associated Circuits* Significance Determination Process* Inspection Guidance/Consistencye Communications* Recent Initiatives

2

Unique Challenges of NuclearPlant Fire Protection Programs

* Fire protection design challenges- Fire behavior and consequences are difficult to accurately

predict- Fire protection design is different at each plant

* Licensing challenges- Licensing basis of each plant is different- Postulated fire events to define licensing basis are different- Appendix R and 10 CFR 50.48 were issued after most plants

had construction permits- Forward fit of Appendix R for post-1 979 plants was not rule-

based (based on NUREG-0800)- Rules left room for interpretation (e.g., operator manual actions)- Major technical issues emerged (e.g., Thermo-Lag fire barriers)- Major fire-induced associated circuit failure analysis issues

emerged

3

NFPA 805 Rulemaking* Rulemaking amends 10 CFR 50.48 to allow

licensees to voluntarily adopt NFPA 805 which isa performance-based risk-informed industryconsensus standard

• Gives the licensees ability to clarify anddocument fire protection licensing basis andminimizes regulatory uncertainty

* Licensees may manage their fire protectionprogram with minimal regulatory interventionusing performance-based risk-informed methods

4

I

NFPA 805 Rulemaking IndustryInvolvement

* Staff held several public meetingsgain external stakeholder input

since 2002 to

* Industry proposes implementation via NEI 04-01"Guidance for Implementing a Risk-informed,Performance-Based Fire Protection ProgramUnder 10 CFR 50.48(c)". Staff plans toultimately endorse NEI 04-01

* Industry performed two pilots - change control(Farley) and transition process (McGuire)

o Staff expects a few plants to begin transitionprocess in the summer of 2004

-

5

NFPA 805 Rulemaking Actions

* ACRS endorsed final rule in December

o Staff provided comments on industryimplementation guide (NEI 04-01) inJanuary 2004

* Staff plans to send final rule to EDO inMarch 2004

* Staff plans to develop draft regulatoryguide by June 2004

6

NFPA 805 RulemakingChallenges/Responses

* Challenge: Licensees may not adopt revised rule because of thecost and resources required to make the transitionResponse: Multi-office staffs developing incentives (e.g.,enforcement discretion within the ROP during transition to revisedrule)

* Challenge: Inspection of a performance-based risk-informed ruleneeds development - inspectors unfamiliar with applicationResponse: Provide inspection procedures and training of inspectorsto the extent needed to ensure proper inspections and audits

* Challenge: Unapproved fire models and fire PSA methodologiesResponse: RES staff is verifying and validating fire models andre-quantifying PSA methodologies

* Challenge: Adequately evaluate licensee developed fire risk modelsResponse: Being developed

7

I

Operator Manual ActionsRulemaking

* Staff is developing a rule that allows post-fireoperator manual actions to ensure safeshutdown

* Rule will allow licensees currently relying onunapproved operator manual actions to achievecompliance through evaluation against the rule'sacceptance criteria, without prior NRC approval.

* Licensee evaluations will be available forinspection and verification

8

Operator Manual ActionsRulemaking Status

* Commission approved Rulemaking Plan inSept 2003

* Staff published interim criteria forenforcement discretion for public commentin November 2003

* Submit final interim criteria forenforcement discretion in July 2004

* Submit proposed rule to the Commissionin September 2004

9

Operator Manual Action Rulemaking -

Challenges/Responses* Challenge: Heightened stakeholder concerns for safety

Response: Develop and communicate key messages

* Challenge: Regulatory uncertainty due to Backfit Ruleimplications associated with previously approvedoperator manual actions that use less stringentacceptance criteriaResponse: Develop common understanding amongprogram office/inspectors/licensee about backfit ruleimplications by providing training and public workshops.(Note that even approved operator manual actions aresubject to ROP for risk-significant findings.)

10

Associated Circuits* Associated circuits are non-safety circuits whose fire-

induced failure could prevent operation of, or causemaloperation of, required safe shutdown systems

* Late 1990s: Industry/Staff disagreements on ruleinterpretation (definition of associated circuits)

* 1998: Enforcement Guidance Memorandum EGM 98-02Staff agreed to enforcement discretion in return forindustry commitment to study issue and propose solution

* 2001: Staff suspended inspection of associated circuitissues

* Industry conducts tests to determine spurious actuationprobabilities

11

Associated Circuits Spurious4 Actuation Probabilities

Industry and Staff generally agree on thelikelihood of fire-induced spurious actuationsSample spurious operation probabilities- Internal cable hot shorts between conductors in

thermoset and thermoplastic jacketed cable - 0.60- Cable-to-cable shorts between unrated type cable

(thermoplastic) - 0.20- Internal cable hot shorts between conductors in

armored cable - 0.15

12

Associated Circuits- IndustryInvolvement

* Staff held several public meetings since 1998 toobtain external stakeholder input

e Industry proposes solution via NEI 00-01,"Guidance for Post-Fire Safe ShutdownAnalysis"

* Staff has used portions of NEI 00-01 indeveloping the agency risk-informed position

* Staff is considering rejecting deterministicapproach of NEI 00-01, since it interprets Rule topostulate only a single hot short

13

Associated Circuits Actions

* Staff issued a draft Regulatory Issue Summary(RIS), "Risk-Informing Circuit Inspections", forpublic comment in August 2003

* Staff issued draft NUREG-1 778 to establishKnowledge Base on Post-Fire Safe ShutdownAnalysis in January 2004

* Staff plans to issue final RIS in February 2004* NRC Regions will review proposed roll-out

approach in February 2004* Staff plans to hold a Category 3 meeting in

March 2004

14

Associated Circuits -

Challenge/Response* Challenge: While risk-informed approach would

ensure safety, Staff/industry differences on ruleinterpretation and licensing basis would continueabsent further regulatory action

* Response: Staff preparing option paper forCommission consideration- Delineates several options for path forward, with and

without rulemaking process- Requests Commission's concurrence on

recommended path

15

Significance Determination Process

* Fire Protection Significance DeterminationProcess (FP SDP)

Current FP SDP viewed as overlyconservative

- Draft revised FP SDP published for publiccomment October 30, 2003

- Plan to provide training to inspectors inMarch-May 2004

- Plan to finalize FP SDP in May 2004

16

Inspection Guidance/Consistency

The following types of communication between NRR and theregions on current guidance and developing new guidance help topromote uniform inspections across regions:- Monthly counterpart call with NRR and the regions- Periodic counterpart meetings among NRR, OE, OGC and the

inspectors- Technical Interface Agreement (TIA) process- Informal phone and email communications between NRR and the

regions* Considering the formation of a panel of technical staff and

management to quickly and consistently respond to inspectorquestions on interpretation of regulations

* Considering formation of a task group of inspectors to developinspection guidelines for use on NFPA 805 plants

17

Communications

* Meeting with the ACRS Subcommittee on Fire Protection(about 2 times/year)

* Periodic meetings with NEI (2-3 times per year)* Annual NEI Fire Protection Information Forum* Annual Regulatory Information Conference* Fire protection issues management public meetings held

with industry* Fire Protection Improvement Plan (updated about once a

month, distribution to external stakeholders)* Fire Protection Communication Plan (updated as needed

- distribution to internal stakeholders); provided ashandout

18

Communications Cont.* Encourage participation of public interest groups in

initiatives that may be of concern to the general public* Briefings for the Office of Public Affairs provided for

major initiatives that impact external stakeholders* NRC press releases, when appropriate* Update NRC contractors on developments that could

impact their work* Briefings and presentations to GAO, OIG and ACRS* DSSA/SPLB Communication Team* Fire protection public access website

19

Recent In itiatives

* Formation of a multi-office steering group on fireprotection to provide agency-wide coordination ofactivities to address FP Program challenges; Multi-office(SPLB, IIPB, OE, etc.) effort necessary in order to findunique solutions to unique problems

* Recognize and reward utilities which take proactiveactions to encourage participation of others (ProgressEnergy in risk-informing circuits, Duke Energy Servicesin NFPA 805)

* Encourage licensees to request risk-informed licenseamendments based on Reg Guide 1.174 rather thandeterministic amendments

20

NRRX NRR FIRE PROTECTIONOffice of Nuclear Reactor Regulation CO M V M U N I CAT I O N P LAN

BACKGROUND

The Office of Nuclear Reactor Regulation (NRR) of the Nuclear Regulatory Commission (NRC)has initiated a Fire Protection Improvement Program (FPIP) to address outstanding issuesassociated with the fire protection programs for operating nuclear power plants. These issueshave been identified by both internal and external stakeholders and include the following:

* Regulatory requirements for analysis of post-fire spurious actuations caused by failureof associated circuits

* Regulatory requirements for post-fire operator manual actions for compliance with 10CFR Part 50, Appendix R Ill.G

* Inspections taking into account the Current Licensing Basis (CLB) at the facility beinginspected or giving credit for self assessments

* Treatment of old fire protection design issues and issue management in general

* Application of the fire protection Significance Determination Process (SDP)

* Reliance on fire watches as compensatory measures

* Application of 'Quantitative Fire Hazard Analysis Methods" in the inspection program

* NRC position on fire protection equipment included in the scope of License Renewal.Application (LRA) reviews

* Guidance in the area of fire protection for advanced reactors

* Risk-informed, performance based rulemaking

* Fire protection program pilot for combined operating license

* Testing of selected fire barrier materials

All of these concerns pointed to the need for a comprehensive FPIP. This Communication Plandescribes the program to facilitate communication with all stakeholders during theImplementation of the FPIP. The FPIP and the Communication Plan are managed by NRR'sDivision of Systems Safety and Analysis (DSSA).

Despite numerous challenges, the fire protection program continues to improve by bringingclarity to regulatory requirements and by working toward closure of outstanding issues. Thechallenges stem from (1) prescriptive regulations that have been interpreted differently, and (2)licensees with varying degrees of specificity in their licensing basis.

The following issued documents demonstrate the progress to-date in providing clarity andbringing the unresolved fire protection issues to closure:

* RegulatorW Guide (RG) 1.189, "Fire Protection for Operating Nuclear Power Plants"

* Draft NUREG-1 805 (for comment), OFire Dynamics Tools Quantitative Fire HazardAnalysis Methods for the U.S. Nuclear Regulatory Commission Fire Protection Program"(Volumes 1 and 2) including an accompanying CD-ROM with fire modeling spreadsheets

* Draft Regulatory Issue Summary (RIS), "Risk-informed Inspection Guidance for Post-FireSafe-Shutdown Inspections" on risk-informed associated circuit analysis

February 19, 20041

* Proposed risk-informed, performance-based fire protection rule change based onNational Fire Protection Association (NFPA) 805, 'Performance-Based Standard for FireProtection of Light Water Reactor Electric Generating Plants"

a Draft NUREG-1778 (for comment), "Knowledge Base of Post-Fire Safe-ShutdownAnalysis"

* Proposed Interim Criteria to evaluate the acceptability of operator manual actions usedby licensees in support of a proposed rule on operator manual actions

* Revised NUREG-0800, "Standard Review Plan", Section 9.5.1, 'Fire Protection Program"

In addition, substantial improvements have been made, and will continue to be made, in thearea of Inspector training.

COMMUNICATION PLAN - OBJECTIVES

The objective of this Communication Plan is to describe approaches for facilitatingcommunication during the implementation of the NRR FPIP started in October 2002. ThisCommunication Plan is non-public because It contains pre-decisional and staff information.

COMMUNICATION PLAN - SUMMARY DESCRIPTION

The Fire Protection Communication Plan lists the stakeholders interested in the FPIP; describesPlant Systems Branch's (SPLB's) communication with internal stakeholders; describes staffscommunication with external stakeholders; describes the DSSAISPLB Communication Team;and provides a list of frequently asked questions and answers.

NRC stakeholders inside and outside of NRR will have varied levels of interest and Involvementin the FPIP. SPLBIDSSA is responsible for communicating with other organizations within theNRC outside of NRR, as well as with stakeholders external to the NRC who may have aninterest in the improvement effort. The FPIP will be formulated and implemented in an openatmosphere that seeks input from all interested parties. Constructive feedback will be a keyelement in successful Implementation of the comprehensive plan.

STAKEHOLDERS

NRR's efforts in explaining the FPIP to other interested parties will consider the stakeholderslisted in the table below. This communication plan is intended to describe the activities plannedand explain what we are doing and how it might impact the various stakeholders inside andoutside of NRR.

I StakeholdersInternal (NRC) External (NRC and Public)

* Executive Team (ET)/Leadership Team * Industry related groups Nuclear Energy(LT) Institute (NEI), Nuclear Steam System

* Division of Regulatory Improvement Supplier (NSSS), vendors and individualPrograms (DRIP)/Division of Inspection utilitiesProgram Management (DIPM)/Division of * Public interest groups (Union ofLicensing Project Management (DLPM) Concerned Scientists (UCS)) and Media

e NRC Regional Offices * NRC Consultants/Contractors* Office of General Council (OGC)/Office of * General Accounting Office (GAO) and

Enforcement (OE) Office of Congressional Affairs* NRC Office of Nuclear Regulatory * Office of Inspector General (OIG)

Research (RES) * Advisory Committee on Reactor* Executive Director for Operations Safeguards (ACRS)

(EDO)/Commission Office Staff

February 19, 2004eot rpubiftL DilZs u2

COMMUNICATIONS WITH INTERNAL STAKEHOLDERS

1. Communications with NRR ExecutivelLeadership Teams

The ET and will be periodically briefed on the status of the FPIP as major milestones areachieved. When appropriate, the LT will also be Informed, particularly when budget/resourceconsiderations are indicated.

2. Communications with other NRR Divisions

Work associated with generic communications, Interfacing with NEI and owners groups, andrulemaking activities will be coordinated with DRIP. Work involving Inspector training activities,SDP improvement efforts, and transition to rulemaking activities that impact the ReactorOversight Program (ROP), such as the rulemaking on operator manual actions, will becoordinated with DIPM. Support from DLPM will be necessary when interacting with regionsand licensees on technical and policy matters in the fire protection area. SPLB/DSSA isresponsible for effectively communicating with other NRR Divisions to arrange the necessarysupport and coordination.

3. Communications with Regional Offices

Experience has shown that alignment with the regions is essential to obtain successfulresolution of controversial Issues. When specific milestones are reached that may haveapplicability to the regional offices, SPLB will take the lead to ensure that they are informed.Appropriate venues for the Information exchange will be used, including periodic counterpartmanagement meetings, Interoffice coordination meetings, conference calls and workshops.SPLB will work with IIPB to provide updates on FPIP status during monthly phone calls and willparticipate in periodic counterpart meetings held with regional division directors as needed tomaintain cognizance of FPIP status. Consideration will be given to video conferencing futurequarterly training sessions to allow for a wider audience. Regional participation in workshopsand pilot projects will be sought as appropriate.

4. Communications with Office of General Counsel and Office of Enforcement

OGC has a direct role in many of the activities involving fire protection, Including rulemaking,contested enforcement actions, the backfit process and Interpretations of regulations.Experience has shown that the program office needs to work closer with OGC to obtain theiralignment on controversial Issues to create a single unified NRC position. As such, they shouldbe made aware of activities designed to improve the program. OGC will be consulted onimprovement activities with respect to legal issues. SPLB will be responsible for informing OGCof program status. When appropriate, OGC participation or consultation will be requested forworkshops and pilot projects. OE has a direct role in providing interim enforcement guidancewhile rulemaking is underway. SPLB will be responsible for Informing OE of FPIP status.

5. Communications with the Office of Nuclear Regulatory Research

RES currently has representatives working on the fire protection SDP Improvement Program.RES has been requested to conduct testing on selected fire barrier materials to determine theiradequacy and is supporting the NRR staff in developing risk-informed tools for use inrulemaking. NRR staff works closely with RES on the development of the Fire Risk ResearchPlan. When specific milestones are reached that may have applicability to research activities,SPLB will take the lead in seeing that they are informed. Appropriate venues for theinformation exchange will beused, including periodic management meetings, interofficecoordination meetings (including steering group meetings, when applicable), conference callsand workshops.

February 19, 20043 -ut fr icc4 rc

6. Communications with Executive Director for Operations and Commission Office Staff

Periodically, particularly as key milestones in FPIP occur, the staff may be called upon to briefthe EDO and Commission staffs. DSSANSPLB will provide key documents and information tothe EDO staff as appropriate, and be prepared to forward selected items to the Commission ifwarranted. The Commission Technical Assistants (TAs) will be briefed on programimplementation if desired by the TAs to keep the Commission offices Informed of programstatus.

7. Multi-Office Steering Group for Fire Protection

An agency-wide Fire Protection Steering Group has been formed to ensure a coordinatedapproach among internal stakeholders to resolving outstanding fire protection issues that will bebased on management buy-in from all appropriate divisions and offices. The group includesrepresentatives from DSSA, DIPM, DRIP, OE, OGC and the regions. Other officestdivisionsare invited to participate as appropriate to the issues being addressed.

COMMUNICATIONS WITH EXTERNAL STAKEHOLDERS

1. Communications with Industry Groups, Vendors and Utilities

The staff will continue to rely on NEI for obtaining and representing Industry consensus on fireprotection issues and to facilitate industry participation on special FPIP working groups thatmay be formed as the need arises. Consideration will be given to obtaining feedback fromindividual utilities on specific FPIP Improvements that are designed to improve the licenseeinterface. When appropriate, breakout sessions may be scheduled at the NEI-sponsoredperiodic Fire Protection Information Forums or the annual Regulatory Information Conference.Ad hoc workshops may also be scheduled to accommodate specific concerns. The staff andNEI have been conducting periodic (once every 4 to 6 months) meetings to discuss current fireprotection efforts and issues at the management level. These meetings are attended by DSSAand SPLB management, staff, industry, and the public. The meetings provide an opportunity todiscuss stakeholder views, issues, and status of projects, as well as make presentations thatare open to the public. Meetings are normally held at NRC headquarters and occasionally atNEI.

2. Communications with Public Interest Groups and Media

The staff will continue efforts to obtain feedback from other external stakehoiders at publicmeetings that Involve fire protection issues. This will Include solicitation of the UCS, PublicCitizen, and other similar organizations to participate in specific initiatives that directly impactthe interface with the external organizations. For example, a proposed improvement in the useof fire watches as compensatory measures would include some interaction with publicstakeholders to obtain their views and Input if there Is a change in the process. This interactioncould take place in a workshop expressly designed for that purpose, or in a breakout session ofa larger workshop that would be covering several issues. Briefings for the Office of Public.Affairs (OPA) will be given when major initiatives are taken that impact external stakeholders,and NRC press releases will be prepared when warranted.

3. Communications with NRC Contractors

Contractor organizations that support the work of NRR need to be made aware ofdevelopments in fire protection Issues and processes that will affect their work for the staff.Process owners and change implementers will need to recognize when their actions will affectthe technical and administrative contract support groups. Process owners need to ensure thatthe various contractors are notified by contract managers when changes are implemented thatwill affect their work. SPLB will take the lead to see that the proper notifications are made.

February 19, 20044

* . a

4. Communications with General Accounting Office and Office of Congressional Affairs

DSSA will work with OCA as required to ensure that any survey needs are met. Staff providebriefings or presentations and answers to survey questions, when requested by GAO andCongress.

5. Communications with Office of Inspector General

Information briefings will be offered to the OIG as necessary to help ensure that theirindependent oversight role is satisfied.

6. Communications with Advisory Committee on Reactor Safeguards

The ACRS Fire Protection Subcommittee monitors staff activities closely and will follow theprogress of the FPIP. DSSA/SPLB will keep ACRS advised of FPIP status through periodic(semi-annual) briefings and routine contacts.

KEY MESSAGES

1. NRR Is providing increased management attention to address both emerging andlongstanding fire protection issues with the goal to establish timely closure plans and workwith stakeholders to produce safe and realistic solutions.

2. NRR welcomes input from all interested stakeholders on how to resolve fire protectionissues. A recent example was a public meeting on the use of operator manual actions asan alternative to prescriptive barrier/separation criteria in 10 CFR Part 50, Appendix R. Theoutcome is rulemaking currently In progress that proposes to allow the use of operatormanual actions when those actions have been shown to be safe and reliable.

3. Risk-informed methods and techniques will be prudently employed to provide reasonableassurance of safety when developing solutions to fire protection issues.

COMMUNICATION TEAM

The DSSANSPLB Communication Team will consist of the Deputy Director, DSSA; the BranchChief, SPLB; and the Section Chief of the Fire Protection Engineering and Special ProjectsSection. The team will be supported In the ROP/SDP improvement area by the Branch Chief ofIIPB and the Branch Chief of the Probabilistic Safety Assessment Branch (SPSB).

FREQUENTLY ASKED QUESTIONS (FAQs)

1. Why have major issues such as post-fire safe-shutdown associated circuit analysis andoperator manual actions become so highly visible and controversial recently?

Answer The most likely cause of the unexpectedly large number of findings appears tobe the way licensees have resolved concerns related to Thermo-Lag (GenericLetter 92-08). Thermo-Lag is the brand name of a heat transfer material thatwas used as a rated 1- or 3-hour fire-barrier to protect electrical circuits requiredfor post-fire safe-shutdown. In the process of resolving the Thermo-Lagconcerns, analysis techniques that may not have been approved by the staff(assuming only one electrical short, or providing operator manual actions tooperate equipment that was previously protected) were employed that raisedquestions by inspectors engaged In the new ROP.

2. Why did the NRC stop inspection of post-fire associated circuit safe-shutdown analyses?

Answer The applicable regulations are subject to interpretation and the plant licensingbases are not always clear, resulting in much confusion and differentinterpretations of what is required. NRR is working with the industry to developinspection guidance that will clarify the regulatory requirements for post-fireassociated circuit analyses. Due to the uncertainty surrounding this issue, a

February 19, 20045 JNLot fb RG-Diselose

* I - -tD

moratorium has been placed on inspection of associated circuit analyses until anappropriate level of guidance has been provided by the NRC.

3. What is being done to Improve inspector knowledge of the CLB at a facility undergoing afire protection inspection?

Answer Case studies will be employed in future periodic training plans to reiterate theimportance of understanding the licensing basis before pursuing enforcement forfire protection deficiencies. If there is a question about the applicability of thelicensing basis, It needs to be resolved before proceeding with enforcement.Other opportunities for NRC action would include a range of options dependingupon the risk significance of the Item. NRR staff will be provided with refreshertraining on the backfit process to enable more intelligent choices when exploringoptions for regulatory action. If a backfit cannot be supported, an InformationNotice may be indicated or the matter could be forwarded to RES forconsideration as a potential generic safety issue.

4. What is being done to improve the capability of fire protection engineers and inspectors toapply risk information in their evaluations?

Answer Fire protection engineers are being encouraged to take probabilistic riskassessment (PRA) training. Both engineers and inspectors obtain on-the-jobtraining when they work with senior risk analysts to evaluate ROP findings in theSDP, and some engineers have had the opportunity to work on the SDPimprovement program. A seminar on risk-informing fire protection was held InOctober 2002, and further opportunities to enhance the on-board capability ofthe staff are being explored.

5. How are emerging issues identified, captured and tracked to closure in the fire protectionarea?Answer Fire protection engineers are routinely contacted by regional inspectors with

emerging issues. Issues that are identified as generic and worthy of furtherevaluation are promptly brought to management attention. These genericemerging issues are then addressed between the staff and industry through aprotocol for resolution of emerging fire protection issues. This protocol(ML031210232) is a product of the periodic fire protection issues managementpublic meetings held with industry. Resolution of the Issues occurs through theperiodic fire protection working group meetings with the Industry (e.g., NEI).Other plant specific issues are resolved by proper coordination with NRR projectmanagers and participation in conference calls between regional inspectors andNRR fire protection engineers. A plant specific issue will be prioritized and adetermination made as to the appropriate follow up approach, which may includetracking on a plant specific basis or as a generic issue to be resolved via theabove protocol. Generic action such as an Information Notice (IN), or a TaskInterface Agreement (TIA) and subsequent backfit consideration, may ultimatelyresult.

UPDATES AND REVISIONS

The SPLB Branch Chief will monitor the status of this communication plan on a periodic basisand-Judge its effectiveness based on progress being made toward resolving emerging andlongstanding issues. Changes to the plan will be made as appropriate until the unresolvedissues are closed out.

SCHEDULE OF ACTIVITIES

A summary level schedule of the activities that support the closure of the unresolved fireprotection issues will be provided in a separate 'Fire Protection Status Report".

February 19, 20046 fti~Po rac MM_..l~;